AO 91 (Rev.

02/09) Criminal Complaint

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UNITED STATES DISTRICT COUR'{ ------
United States of America
v.
Alan Leroy McVay
Defendant
for the
District of Oregon
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Case No. 1:13- ntJ . C1JI8/L-
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date of 11/13/2013 in the county of
Oregon , the defendant violated Title 18
, an offense described as follows:
Malicious Destruction of Property by Explosion
This criminal complaint is based on these facts:
see attached affidavit
li Continued on the attached sheet.
Sworn to before me and signed in my presence.
Date:
II j),-j./
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City and state:
Medford, Oregon
Jackson
in the District of
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u.s. c. _8_44----'(...Li) ________ _
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STATE OF OREGON
County of Jackson
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
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INTRODUCTION
AFFIDAVIT IN SUPPORT OF
CRIMINAL COMPLAINT
I, David A. Carroll, being duly sworn, depose and state
as follows:
1. I am a Special Agent of the Federal Bureau of
Investigation (FBI), United States Department of Justice. I
have been so employed for approximately 26 years. I am assigned
to the Medford Resident Agency of the Portland Division of the
FBI and have experience in a variety of investigations to
include, but not limited to, counterterrorism, drug trafficking,
public corruption, bank robberies and white collar crime.
2. My experience as a Special Agent includes, but is not
limited to, interviewing witnesses, conducting surveillance,
writing affidavits for and executing search warrants, and
working with undercover agents and informants. I have received
training in and have experience in the investigation of a
variety of violations of federal laws, including the offenses
listed below. I have experience in the preparation and
execution of search warrants. I have sought and received
criminal complaints in the past and I am familiar with the
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elements necessary to make arrests based on criminal complaints.
I have worked and conferred with various experienced law
enforcement officers who were trained in a variety of
investigations, and I have drawn from their knowledge and
expertise as well.
3. This case is being investigated jointly by the FBI, the
Bureau of Alcohol, Tobacco and Firearms (ATF), the Medford
Police Department (MPD) , and the Oregon State Police (OSP) . I
have personally participated in the investigation of the
offenses described below and make this Affidavit based on my
personal participation in the investigation, knowledge obtained
from other individuals during our participation in this
investigation, including other law enforcement officers,
interviews of witnesses, our review of records related to this
investigation, communications with others who have knowledge of
the events and circumstances described herein and information
gained through our training and experience. Because this
affidavit is submitted for the limited purpose of establishing
probable cause in support of the application for a criminal
complaint, it does not set forth each and every fact that I or
others have learned during the course of this investigation.
PURPOSE OF AFFIDAVIT
4. This affidavit sets out circumstances and information
that gives me probable cause to believe that Alan Leroy McVay
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has committed an offense enumerated in Title 18, U.S.C., Section
844(i), Malicious Destruction of Property by Explosion. Section
844(i) provides that whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an explosive,
any building, vehicle, or real or personal property used in
interstate or foreign commerce or in any activity affecting
interstate or foreign commerce shall be imprisoned for not less
than 5 years and not more than 20 years.
EXPLOSION AT DISTRICT ATTORNEY'S OFFICE
5. On November 13, 2013, at approximately 4:30a.m., an
explosive device was detonated at the Jackson County District
Attorney's Office (JCDA) at 715 West lOth Street, Medford,
Oregon. The Jackson County District Attorney's office
prosecutes state criminal offenses. committed in Jackson County,
Oregon. I know that as part of the District Attorney's
prosecutorial function, it is involved directly in the
prosecution of persons illegally transporting controlled
substances into the state of Oregon primarily from the state of
California on I-5 and of persons committing robbery of
commercial businesses that are engaged in interstate commerce
such as motels, gas stations and convenience stores; likewise,
the District Attorney is involved directly in the extradition of
persons from other states who have committed state offenses in
Jackson County and who flee the state to avoid criminal
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prosecution or are otherwise apprehended in another state.
6. The explosion damaged the JCDA. Exterior windows were
broken and debris was blown both in and outside of the building.
When police and fire fighting personnel first arrived on the
scene following the explosion, the explosive device was on fire
just outside one of the broken windows on the building. On
scene analysis conducted by FBI, ATF and OSP Bomb Technicians
indicated the destructive device appears to have been comprised
of a "JT" C02 cylinder filled with an explosive powder that was
taped to the side of a liquid petroleum/propane tank using a
specific type of black tape. The device was detonated using
cannon or hobby fuse. The items of evidence collected at the
scene have been submitted to the FBI Lab in Quantico, Virginia.
LAW ENFORCEMENT RECEIVE INVESTIGATIVE LEAD
7. On November 15, 2013, Jackson County law enforcement
received a tip that Alan Leroy McVay was believed to have been
the person who may have placed the bomb at the JCDA. Following
up on that information, it was learned that McVay was currently
being prosecuted by the Jackson County District Attorney's
office for burglary and that he had been scheduled for a court
appearance on November 14, 2013 to plead guilty and receive a 36
month prison sentence. McVay's co-defendant from the same
burglary/possession of firearms investigation, who was also
prosecuted by the district attorney, had already been sentenced
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and was serving a prison term.
8. The FBI obtained the recordings of telephone calls of
McVay's co-defendant from the state correctional institution
where the co-defendant was imprisoned. The recordings contained
numerous conversations between McVay and his co-defendant and
the records disclosed the telephone number McVay was using
during those conversations, xxx-xxx-7057.
relevant portions of those conversations:
The following are
On November 9, 2013, McVay said, "I want to go off on some
shit, I tell you what, I got some things to do it with" and
later commenting that "it'll be fun. You'll hear about it."
On November lOth, McVay said that he was going to handle it
the way "Barry" handles things. McVay also stated,
"Anyway, it could probably get rid of all kinds of paper,
from the ground up."
On November 11th, two days before the bombing, McVay made a
statement that "maybe a miracle will happen and we'll have
some crazy earthquake shit," and later commented that
"there's something I can do. They just pissed me off to the
point. You know what the point is. When you reach the
point." Later McVay continued by stating, "it'll be fun,
it'll be fun" and "you'll hear about it someday."
On November 13th, the day of the bombing, McVay said,
"somebody blew up the District Attorney's office," and that
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it was "funny shit.
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McVay went on to say that his
scheduled appearance for the following day was postponed.
TELEPHONE ANALYSIS
9. Search warrants were obtained for text message content
for telephone number xxx-xxx-7057. I was informed by MPD
Detective Jim Williams who served the warrants that based on a
review of the data it was determined that McVay's telephone,
xxx-xxx-7057, engaged in an exchange of texts with telephone
number, xxx-xxx-6551 at approximately 5:00 am on November 13,
2013. These text messages would have been approximately one
half hour after the detonation of the explosive device at JCDA.
10. Also, the cell sites transmitting the data associated
with these text messages indicate McVay's telephone was
physically located in the vicinity of West Medford,
approximately one mile from JCDA. An inquiry of the MPD's
record systems revealed xxx-xxx-6551 was connected with a person
identified as having filed an August 2013 harassment complaint,
and whose residential address was on Jeanette Ave, in west
Medford, Oregon.
11. Further review of the content of the November 13th text
messages obtained pursuant to the search warrants revealed the
following:
At 5:00 a.m. a text message from xxx-xxx-7057 (McVay) to
xxx-xxx-6551 stated: "If cops ask I have ben here sick in
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trick."
At 5:01 a.m. a reply text message from xxx-xxx-6551 to xxx-
xxx-7057 (McVay) with "k." This was followed by another
text message from xxx-xxx-6551 at 5:02a.m., "You got
anything to do w light show?"
At 5:03 a.m. xxx-xxx-7057 (McVay) responded, "No I kmnow
who does." A reply text message from xxx-xxx-6551
immediately follows with "erase text messages."
Later the same day, at 5:07p.m., a text message from xxx-
xxx-6551 to xxx-xxx-7057 (McVay): "Watching news, Should
have that $150.00 for you in a couple of hours. Text you as
soon as I do. FBI ATF all of em are at the party. Propane
tank didn't go off. Prints? Talk at you in a little bit."
MCVAY INVOLVED IN DETONATING EXPLOSIVES PREVIOUSLY
12. Agents and detectives have received information
directly from associates of McVay that he detonated explosives
previously. I was informed by MPD Detective Justin Ivens of his
interview with Jeremy Harvey who advised of detonating C02
cartridges filled with explosives with McVay on two different
days previous to the detonation of the explosive device at JCDA.
Harvey described detonating several smaller C02 cartridges with
McVay on one occasion, followed by exploding a larger C02
cartridge identical to the one used in the JCDA explosion on a
subsequent occasion. On this second occasion, Harvey and McVay
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discussed the possibility and the potential effects of attaching
the larger size C02 cartridge to a propane tank. However, this
discussion did not lead to them attaching a larger size C02
cartridge to a propane tank on that occasion. Harvey was unaware
if McVay ever did so independently.
ARREST AND INTERVIEW OF MCVAY
13. On November 19, 2013, it was determined that McVay was
at a residence located in White City, Oregon and was placed
under surveillance by law enforcement. On November 20th, McVay
was arrested by MPD for the bombing of the JCDA. McVay was
interviewed by law enforcement from MPD, FBI and ATF. The
interview was video and audio recorded. McVay was advised of
his Miranda Rights, acknowledged knowing his rights and waived
those rights and provided a detailed statement of his
involvement in the JCDA bombing.
14. During the interview, McVay admitted that he detonated
the destructive device at the JCDA on November 13, 2013. McVay
said he did it in an attempt to delay his state sentencing for
the burglary he was charged with and prosecuted by the Jackson
County District Attorney. McVay advised he obtained the items
he used to configure the bomb from various places. The items
included the propane tank, the JT C02 cartridge, gunpowder,
black tape and fuse. McVay had a tin flask containing powder
and obtained additional gunpowder by breaking open bullets he
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had collected over the years. He combined these powders and
poured them into the C02 cartridge to create the pipe bomb
device to detonate the propane tank. He taped the pipe bomb to
the propane tank with the black tape and used the fuse to ignite
the pipe bomb device. McVay stated that he assembled the
explosive device in his pickup truck outside the Jeanette Ave.
residence before taking it to the JCDA office. McVay explained
that he randomly chose the window to target, lit the fuse and
swung the explosive device at the window. He observed that the
blinds had prevented the device from completely entering the
building and it hung up on the window sill. McVay immediately
fled the scene, hearing the explosion when he was about a block
away. McVay returned to the Jeanette Ave address and remained
in the pickup outside the residence. McVay acknowledged sending
the 5:00 a.m. text message in order to establish an alibi in
case police made contact with him while he was in the pickup
parked outside.
SEARCHES CONDUCTED
15. During McVay's interview, agents requested consent to
search various locations that he was associated with and were
believed to possibly contain evidence related to the bombing of
the JCDA. It included McVay's pickup and two travel trailers,
among other places. McVay consented to the searches. The
subsequent searches resulted in the seizure of black tape
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consistent with what was recovered frbm the site of the
explosion, canisters of explosive powder and/or gunpowder,
pieces of fuse and gloves, among other things.
CONCLUSION
16. Based on the foregoing, I believe there is probable
cause to find that on November 13, 2013, Alan Leroy McVay
violated 18 U.S. C. , Section 844 ( i) (Malicious Destruction of
Property by Explosion). Accordingly, I respectfully request
that the Court issue a criminal complaint charging Alan Leroy
McVay with this crime and issue a warrant for his arrest.
17. This affidavit, criminal complaint and requested arrest
warrant were reviewed and approved by Assistant United States
Attorney Byron Chatfield prior to being submitted to the court.
Subscribed and sworn
David A. Carroll
Special Agent
Federal
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to before me::::-this 2 Novemhel?, 2013
f

U.S. Magistrate
Medford, Oregon
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